Pay transparency refers to laws that require employers to disclose pay ranges and descriptions of benefits in all advertisements for job vacancies, transfers, or promotions. In 2022, Jersey City enacted its pay transparency law that applies to employers with five or more employees, but currently, there is no statewide law.
Pay transparency helps address wage disparities experienced by women and other minority groups who have historically been paid less than white men. Wage discrimination based on sex or gender is prohibited by the federal Equal Pay Act (EPA). Under the EPA, employees should be paid the same amount, regardless of gender, for doing work that “requires equal skill, effort, and responsibility” and that employees “perform under similar working conditions,” unless the pay system is based on merit, seniority, quantity or quality of production, or any other factor other than sex.
New Jersey Law Against Discrimination
The New Jersey Law Against Discrimination (NJLAD) is even more specific than the federal EPA. Under the NJLAD, wage discrimination against any protected class is prohibited. In New Jersey, employers are barred from discrimination based on an individual’s race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy), and more.
Since 2020, employers are also forbidden by law from asking job applicants about their salary history – another practice that makes it harder to eliminate the wage gap.
How Do I Know if I am Being Paid Fairly?
Several states have enacted pay transparency laws to help workers know if they are getting paid salaries comparable to their peers. After all, it is hard to know if your wages are fair if you have no idea what the person sitting next to you is earning. Employees are often afraid to even talk about their salary for fear of retribution by their employer. However, you should know that your right to discuss your salary is protected by law. Workers in New Jersey have further protections from retaliation by their employer as outlined in the NJLAD, which also bars non-disclosure agreements regarding wages or salaries.
New Jersey also protects temporary workers through the Temporary Workers Bill of Rights. This law ensures that temporary workers temporary workers receive the same rate of pay and cost of benefits as direct workers with similar positions and skills. If you are worried about any form of wage discrimination, consult an employment lawyer.
Contact a Marlton Employment Lawyer at Burnham Douglass for Answers to All Your Questions About Pay Transparency
Employment law is complicated and evolving constantly. Burnham Douglass is here to help protect your rights at work. If you are not being paid correctly, call us at 856-751-5505 or contact us online to schedule a free consultation with an experienced Marlton employment lawyer. Located in Marlton and Northfield, New Jersey, we represent clients in South Jersey, including Evesham Township, Cherry Hill, Camden County, Burlington County, and Atlantic City.